Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2010 (No. 1)1
I, LINDSAY TANNER, Minister for Finance and Deregulation, make following Declaration under paragraph 13 (1) (b) of the Superannuation Act 2005.
Dated June 21st 2010
LINDSAY TANNER
Minister for Finance and Deregulation
 
1              Name of Declaration
                This Declaration is the Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2010 (No. 1).
2              Commencement
                This Declaration commences on 1 July 2010.
3              Amendment of Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005
                Schedule 1 amends the Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005.
Schedule 1        Amendments
(section 3)
  
[1]           Section 3, after the definition of ‘2005 Act’
insert
AHPRA means the Australian Health Practitioner Regulation Agency established upon commencement of Part 2 of the Health Practitioner Regulation National Law (ACT) Act 2010 and representing the Australian Capital Territory.
alternative superannuation scheme, in relation to a person who is
employed in a particular capacity, or who is the holder of a particular office:
(a)    means a superannuation scheme to which contributions are made in
relation to the person’s employment or holding of the office; but
(b)    does not include any of the following:
(i)         a scheme to which contributions are made in relation to the
person for:
(A)   if the person is employed in a particular capacity — other
employment or the holding of an office; or
(B)   if the person is the holder of a particular office — other
employment or the holding of another office;
(ii)        a scheme to the extent that membership of that scheme by the
person is for the preservation, or payment, of productivity
benefits;
(iii)       a scheme to the extent that participation in that scheme
on the person’s behalf is for purposes solely related to
satisfying obligations under the Superannuation Guarantee
(Administration) Act 1992;
(iv)       a scheme to which contributions are made in relation to the person only in relation to performance pay;
(v)        for a prescribed person — a scheme of which the person is taken, under subsection (2), to be a member for top-up purposes.
Example
If a person is a member, and is making voluntary contributions to an RSA without any
employer contributions, the RSA will not be an alternative superannuation scheme.
However, if the person’s employer makes contributions to the RSA, above the superannuation guarantee rate, the RSA will be an alternative superannuation scheme.
[2]           Section 4, paragraph 4(2)(g)
Omit
1995 Inclusion Declaration.
Substitute
                 1995 Inclusion Declaration; and
[3]           Section 4, after paragraph 4(2)(g)
insert
(h)   in item [12] of the Schedule, at the end of earlier of:
(i)         the day on which the person ceases to be an employee of AHPRA;
(ii)        the day immediately before the day on which the person becomes, in relation to the person’s employment with AHPRA, a member of an alternative superannuation scheme; or
(iii)       if AHPRA ceases to be a statutory authority of the Australian Capital Territory – the last day on which AHPRA is a statutory authority.                         
[4]           Schedule 1, after item 11
insert
[12]             A person who:
                                    (a)        becomes an employee of AHPRA, during the period                                        1 July 2010 to 1 July 2013 inclusive; and
                                     (b)        immediately before becoming so employed was an                                            ordinary employer-sponsored member                                                                      employed under the Public Sector Management Act                                                     1994 of the Australian Capital Territory; and
                                     (c)        immediately before becoming so employed was                                                 performing duties for AHPRA in accordance with the                                               document entitled ‘Memorandum of Understanding                                                      between AHPRA and the Department of ACT Health                                                 regarding the the transition of staff to the National                                          Registration and Accreditation Scheme’ and                                                      dated March 2010.
Notes
1.       This Declaration amends F2005L01895, as amended by F2006L03272; F2008L01087; F2009L01155.
2.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.